In Re the Marriage of Heistermann

Marilyn Heistermann appeals an order modifying that portion of a judgment of dissolution which had awarded spousal support following her eight-year, eleven-month marriage to Forrest Heistermann. We reverse because the modifying court identified no change of circumstances to support its order setting a termination date for actual support and terminating jurisdiction. We conclude the court inappropriately justified its order upon its perception there is a judicial policy favoring shifting the support obligation for permanently disabled ex-spouses of “borderline” lengthy marriages to society.

Factual and Procedural Background

On April 2,1984, after a marriage of eight years, eleven months, 1 Marilyn, age 54, and Forrest, age 58, dissolved their marriage. Based on a finding Forrest’s gross income was $4,127 per month, the court ordered Forrest to pay spousal support payments commencing February 1, 1984, in the amount of $1,350 per month, until Marilyn “remarries, either party dies, or until further order of the court, whichever occurs first.”

In July 1987, Forrest moved to modify spousal support alleging changed circumstances. Specifically, he alleged the original spousal…

I concur in the result reached by the majority. I write separately to emphasize my concurrence is based upon the content of the superior court’s order of September 25, 1989, which fails to delineate factors upon which the trial court could properly terminate support.

As this court pointed out in its unanimous opinion in In re Marriage of Wilson (1988) 201 Cal.App.3d 913, 920 [ 247 Cal.Rptr. 522 ], where, as here, a relatively short marriage is involved, a trial court may, after considering the totality of circumstances, and weighing all factors contained in Civil Code section 4801, subdivison (a), terminate support. The lower court’s order here fails to demonstrate the reflection required by Wilson. In effect, the sole grounds articulated by the trial court were that Forrest had acted responsibly and the parties were “at that point in time” where support should end.

On the other hand as in Wilson, here disability alone is not sufficient to require indefinite support payments from Forrest. Indeed at some point it is conceivable the lengthy duration of support, even if examined superficially, will be clearly unjust in light of the short duration of the marriage and will alone…

Marilyn Heistermann appeals an order modifying that portion of a judgment of dissolution which had awarded spousal support following her eight-year, eleven-month marriage to Forrest Heistermann. We reverse because the modifying court identified no change of circumstances to support its order setting a termination date for actual support and terminating jurisdiction. We conclude the court inappropriately justified its order upon its perception there is a judicial policy favoring shifting the support obligation for permanently disabled ex-spouses of "borderline" lengthy marriages to society.

On April 2, 1984, after a marriage of eight years, eleven months, [1] Marilyn, age 54, and Forrest, age 58, dissolved their marriage. Based on a finding Forrest's gross income was $4,127 per month, the court ordered Forrest to pay spousal support payments commencing February 1, 1984, in the amount of $1,350 per month, until Marilyn "remarries, either party dies, or until further order of the court, whichever occurs first."

In July 1987, Forrest moved to modify spousal support alleging changed circumstances. Specifically, he alleged the original spousal support order was…